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How Can Domestic Violence Affect Your Children?

Witnessing domestic violence can be confusing and frightening for children. According to the Child Welfare Information Gateway of the U.S. Department of Health and Human Services, exposure to domestic violence can cause developmental delays and can damage the emotional, cognitive and social abilities of children and adolescents. Children who witness episodes of violence in the home may be more prone to bedwetting, behavioral issues and substance abuse. This can have a serious impact on their ability to lead happy and healthy lives in the future. Taking steps to protect your children from these events can be a positive step toward a brighter future for yourself and your family. Protecting Children from Domestic Violence The California court system provides a framework that can help you protect your children from the damaging effects of domestic violence. Retaining the services of a divorce lawyer in California can provide you with expert guidance on filing for and enforcing restraining orders that can prevent your partner from causing further harm to you or your children. Filing a restraining order is usually a good first step toward ending the cycle of domestic violence. Child Custody and Domestic Violence Allegations of domestic abuse can have a serious impact on the outcome of your divorce case. In most cases, a judge cannot award joint or sole custody to a parent who has been convicted of domestic violence or has been adjudicated by the courts as having committed domestic violence during the last five years. Visitation may still be allowed by the courts. Parents who have committed domestic abuse may be allowed custody of their children if they can demonstrate that this would be in the best interest of the children and if certain other criteria have been satisfied: Completion of a year-long batterer intervention program Adherence to the rules of probation, parole or restraining orders, if applicable No further domestic violence Completion of all court-ordered counseling and education plans Retaining the professional services of an experienced divorce lawyer in California can provide added help in protecting children from domestic violence and ensuring the safest environment for the youngest members of your family. Mediation Services for Child Custody If domestic abuse or violence is a factor in your divorce proceedings, you may be required to go to custody mediation or counseling to determine the best arrangement for your children. In some cases, this may present serious concerns about safety on the part of the target of previous domestic violence. If you have a restraining order against your partner, you can usually arrange to meet with the mediator separately to ensure greater safety. Working with a qualified divorce lawyer in California can also provide you with added information on the options available to you when creating a parenting plan for yourself, your former spouse and your children.   Exposure to domestic violence can be extremely harmful to children. By taking steps to remove yourself and your children from the abuser and working toward a safe and secure resolution, you can mitigate some of the problems experienced by children who grow up in these situations. This can allow you to provide a healthier environment for yourself and the children in your care.

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How Does an Uncontested Divorce Work?

The state of California offers an established process for uncontested divorces that can sometimes streamline these legal proceedings. Working with a qualified divorce attorney can provide added help and guidance when managing the complexities of this legal process. Understanding how uncontested divorce in California works can help you make the right moves for yourself and your family during this challenging time. Reaching Mutually Acceptable Terms One of the first steps in the uncontested divorce process should be to sit down with your former partner to discuss finances, child support, child custody arrangements and other issues. If you can find a way to reach a mutually beneficial agreement on these matters, you can often reduce the amount of time you spend in court. An experienced divorce attorney can often provide you with the guidance needed to deal with the issues associated with an uncontested divorce in California. Creating a Workable Plan Once you have reached an agreement about child custody, visitation, support, division of assets and debts, you will have a head start on dealing with the important issues involved in the divorce process. Your California divorce attorney can help you manage the paperwork required to file for divorce, allowing you to be sure that your documents are submitted on time to streamline your uncontested divorce proceedings. Completing Financial Disclosure Forms During the process, you will need to submit a number of financial disclosure forms to your former spouse. A comprehensive listing of your debts, assets, income and tax returns for the past two years will be required as part of this documentation. Your attorney can typically help you complete these forms and can review the forms submitted by your ex-spouse. Making sure the information provided is complete and accurate can help you build trust with your former partner during the divorce proceedings and can prevent any issues from arising later that could affect your legal standing with the California court system. Making Child Support and Custody Arrangements Regardless of whether you can reach an agreement about the primary or joint custody of your children and the amount of child support to be paid, the court will need to evaluate these arrangements to ensure that they are in the best interests of your children and that they are acceptable from a legal standpoint. Once again, working with a lawyer who specializes in uncontested divorce in California can help you create a plan acceptable to you, your former spouse, your children and the court system. Finalizing Your Uncontested Divorce After all forms have been completed and submitted to the court, this documentation will be reviewed for accuracy, completeness and correct format. When this process has concluded, you will either be given a date to appear in court or will receive a Judgment and Notice of Entry of Judgment in the mail. A court appearance is usually only necessary if you have not completed and submitted all required forms correctly.   Working with an established and reputable family law firm can provide the support and legal expertise you need to ensure that your divorce is finalized quickly and in a mutually beneficial way. This can allow you to put the past behind you and to get the best possible start on your brand-new life.

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Enforcing California Divorce Agreements: Five Things You Need to Know

After your divorce in California, you may experience difficulties if your former spouse fails to live up to his or her obligations under the divorce agreement. This can sometimes lead to financial problems and may cause you stress that can affect your health and your attitude. Working with a qualified California divorce attorney can be an excellent first step towards enforcing the terms of your agreements. Here are five strategies to consider when taking steps to make sure your former spouse complies with all provisions of your divorce agreement. Does Your Former Spouse Have the Means to Comply? Child support and spousal support obligations are dependent on the ability of your former spouse to pay them. If he or she is unemployed or experiences serious financial difficulties, there may be no reasonable way for them to pay the amounts you are owed. In some cases, you may be able to touch base with your former partner to determine whether he or she is currently dealing with money problems. This can save you time and money when determining whether to pursue further action to force compliance with your divorce agreement.       Check Your Paperwork Your divorce documents may include specific remedies for non-compliance with the terms of your divorce in California. Working with a qualified family law attorney can help you determine the right approach to enforcement of the terms of your divorce and can provide you with the legal support needed to make sure your former spouse complies with all terms ordered by the court.   Determine if Third-Party Interference Is to Blame In some cases, your ex-spouse may not be responsible for failing to pay child support and spousal support in the approved manner. If the funds are not withheld by the employer, you may need to pursue legal action against this company or entity to force them to comply with the court-ordered instructions for garnishment or withholding of wages in your divorce agreement. Working with a lawyer who specializes in divorce in California can help you to take the right steps to obtain the financial support to which you are legally entitled.   Be Persistent Regardless of the approach you choose, persistence is the key to success in making sure your former spouse complies with the terms of your divorce. Working with a knowledgeable and experienced family law attorney can help you with this process and can provide you with the tools you need to ensure that you receive the payments to which you are entitled and that all provisions of your divorce agreement are being followed. Filing for Contempt of Court If all else fails, you may be able to file a contempt of court order with the California court system to compel your former spouse to comply with the provisions of your divorce agreement. This is usually a criminal proceeding that alleges that the accused has knowingly and willfully violated a valid court order. Failure to pay child support or spousal support can result in contempt of court rulings. Violation of domestic violence restraining orders can also be considered contempt of court and could lead to punitive action on the part of the state of California. If you need professional help enforcing the terms of your California divorce, working with an experienced and knowledgeable attorney like Julia Ann Brungess can provide you with the guidance and support you need to accomplish your objective. This can help you enjoy greater financial stability and improved personal security as you build your new life after your divorce.

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Your Teenagers and Divorce – How Much to Say to Them

Navigating the divorce process can be challenging. For parents of school-aged children, finding a way to break the news to these members of your family can make it even tougher. Teenagers can be especially vulnerable to major life changes and for this reason, may have a severe emotional reaction to the news of your upcoming divorce. Here are some proven strategies that could help you deal with teenagers and divorce more easily. Present a United Front Despite you and your former spouse possibly being at odds, talking to your teen together about your plans for divorce can sometimes provide added peace of mind during this challenging time. By setting aside your differences and working together to provide your child with the support he or she needs, you can reduce anxiety and stress that could lead to difficulties at school or emotional upsets at home. Don’t Try to Hide the Truth Even the most amicable divorce can send shock waves through your family. Letting your teen know as soon as you and your former partner have come to a decision can help you avoid accusations of secrecy from your teen. By letting your children know early in the process, you can also avoid confusion that may arise from changes in your lifestyle and living arrangements. Giving your teens general information about the process can sometimes provide them with greater confidence and peace of mind. Don’t Say Too Much When dealing with teenagers and divorce, it is a good idea to leave out some of the more personal details of your relationship when talking about the planned separation. In most cases, your child will not need to know the specific reasons for your divorce; this is especially true if sex or infidelity are involved in your decision. Making a sincere effort to stay positive when speaking about your ex-spouse can reduce the negative impact of divorce in many cases and may create open lines of communication between you and your teen aged child.   Maintain Your Regular Routines While you may experience some disruption to your regular schedule because of your pending divorce, making sure your teen gets to school on time and continues with his or her normal routine can reduce the negative effects of this difficult time. Younger teens may attempt to act out or test existing limits. Staying firm but fair can be an effective way to establish that, while your marriage may be ending, your role as a parent remains unchanged. By establishing and maintaining limits, you can usually reduce the risk of major meltdowns. Remain Watchful Teenagers can be very vulnerable to depression and other emotional upsets. Keeping a close eye on their moods and activities can allow you to protect your teens from their reactions to your divorce plans. If your teen does become depressed, seeking professional counseling can help by providing them with a valuable outlet for expressing their hurt feelings and disappointment. The odds are good that both you and your teenagers will navigate your divorce safely. By taking a little extra care in telling your teens about your divorce and by keeping a careful eye on their reactions, you can set the stage for a less stressful process for everyone involved.

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Seven Tips for Dealing with Divorce During the Holidays

The holidays can be a difficult time for divorcing couples. Managing family expectations, travel plans and shared responsibilities for children can take their toll at this time of the year. Here are seven proven strategies for dealing with divorce during the holiday season in the state of California. Plan Ahead If you and your former spouse share custody of minor children, making sure that everyone is aware of the schedule well in advance can help you to avoid problems when the holidays arrive. Touching base with your former spouse and checking with your children can be a good way to ensure that the schedule is fully understood and accepted by all parties to these arrangements.         Soak Up the Sun Making sure to spend some time outdoors every day can help you avoid seasonal affective disorder, a condition that sometimes is associated with lack of exposure to sunlight during the cooler winter months. Depending on where you live in California, taking a brisk walk outside or spending time at the beach can help you avoid depression during and after your divorce. Be Flexible Despite your best intentions, sometimes problems may arise with scheduling and other aspects of the holiday season. Making an effort to take these eventualities in stride can help you to maintain a happier attitude when dealing with divorce. Staying positive even when dealing with issues with your former spouse can also allow you to enjoy a more harmonious relationship after your marriage is over. Treat Yourself Well Taking a little time out to enjoy the season can make a real impact on your overall attitude during this part of the year. Dining out, taking in a movie or just window shopping can be part of your holiday routine and can reduce the natural stress you may be feeling during the divorce process.       Create New Traditions If some of the things you once shared with your former partner are evoking painful memories, making a real effort to create new rituals and traditions associated with the holidays can help this time of the year feel more like a new beginning. This can help you to begin your new life with a more positive attitude. Build a Network Family members and friends can provide you with added support in dealing with negative emotions during your divorce and in the immediate aftermath. The holidays are traditionally a time to share with those closest to you. Joining in the fun with your family and your best friends can help you get into the holiday spirit during this joyous season. Manage Your Expectations It is perfectly normal to feel a little sad when dealing with divorce. This is especially true for couples who have just begun the process during the lead-up to the holiday season. Allowing yourself the leeway to feel and express these emotions can be a healthy way to manage your expectations of yourself and others during this time. By choosing an attorney with proven experience in California divorce law, like those from the Law Office of Julia Ann Brungess,  you can enjoy greater peace of mind. This can help you enjoy the holiday season to the fullest this year and for years into the future.

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Five Reasons Collaborative Divorce May Be Your Best Option

If you are currently considering your divorce options in the state of California, collaborative divorce may be a good solution for you and your former spouse. These arrangements are ideal for couples who are still on relatively good terms and who wish to streamline the divorce process. Here are five reasons to consider collaborative arrangements when planning to divorce in California. Better for the Children If you and your former partner have minor children, choosing collaboration rather than an adversarial approach can help you provide a more stable and emotionally supportive environment for the younger members of your family. By modeling friendly and cooperative behavior in front of your children, you can provide them with a good example while ensuring that they feel loved and protected throughout the divorce process.       Better for Your Emotional Health Discussing matters calmly with the help of a trained collaborative professional can provide you with added peace of mind during divorce proceedings. Rather than battling it out in court, you can engage in peaceful discussions about finances, child custody, division of assets and other matters related to the dissolution of your marriage. This can help you to stay calm and more focused on other matters throughout your divorce negotiations and can create an environment more conducive to compromise for you and your former spouse.     Better for Your Privacy Litigated divorce proceedings are matters of public record and may be available for anyone to view. By contrast, collaborative divorce arrangements can be kept private to allow you and your family a much-needed sense of security during this stressful time. By working together to determine the best ways for you and your former partner to proceed, you can keep your confidential information private and away from the prying eyes of the public.               Better for Your Finances In some cases, collaborative arrangements can be less expensive than drawn-out courtroom proceedings. This can allow you to pick up the pieces more easily and to achieve a greater degree of control over the financial expenses involved in your divorce. Depending on the type of services needed, you and your former spouse could share the services of property appraisers, brokers and other professionals needed to complete the division of assets and the determination of child custody.       Better for the Future In the state of California, collaborative divorce agreements are reached without the need for the court to decide on the details of these legal arrangements. This can also allow you to make ongoing changes to these agreements without court approval. If you and your former spouse can agree on alterations to the terms reached for child custody, visitation, financial support and residence issues, you can make these changes by merely contacting your legal team. This can provide much-needed flexibility, especially for parents sharing the responsibility for minor children after a divorce.     Collaborative divorce can be a cost-effective and practical solution for you and your former partner. By considering these innovative ways to resolve your marital status, you and your former spouse can enjoy the benefits of a more amicable and cooperative relationship as you begin your new lives apart.   If you are interested in pursuing a collaborative divorce in or around Fresno, California, contact the Law Office of Julia Ann Brungess.

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CA Divorce Law and How Collaborative Law Helps

Understanding the role of collaborative law can provide you with significant advantages when you are considering or currently in the process of seeking a divorce in the state of California. For some couples, collaborative arrangements can provide significant cost savings and can reduce the stress associated with divorce litigation. Here are some key points to keep in mind when deciding whether collaborative divorce arrangements are right for you. Collaborative Arrangements Are Best for Amicable Divorces Collaborative divorce law depends on cooperation between the two parties. If you and your former partner are on relatively good terms, collaborative arrangements can allow you to work through all the details of your divorce without litigation and court appearances. These arrangements are not right for all couples, however. If domestic violence or child abuse allegations are factors in your divorce, presenting your case before a judge is usually the best way to resolve these issues fairly. Act in the Best Interests of the Children By working together, you and your former spouse can design innovative and creative solutions that work best for your children. This can reduce stress on members of your family and allow them to weather through this challenging time with the least amount of emotional disruption. Keeping things calm and friendly can sometimes protect your children against the most negative effects of the divorce process in California. Honesty Is the Best Policy Collaborative divorce proceedings work best when both parties agree to absolute honesty in their dealings with each other. If you and your former partner are able to share financial and personal details with each other during the collaborative law process, you can often streamline the divorce process and ensure the best possible outcomes for everyone involved. You Will Still Need Representation Even though you will not be going through the typical divorce process, you will still need a representative during these collaborative arrangements. Your legal representative will be with you at each stage of the process helping you analyze issues and work toward what is best for your family. This can prevent personal hostilities from standing in the way of an equitable solution. Collaboration Can Help Even After Divorce One of the most significant benefits of collaboration during divorce is the ability to make changes to the agreements without going before the court to request them. This can prove to be very beneficial in cases involving minor children or spousal support agreements. Rather than returning to the judge and requesting even the simplest adjustments to the court-ordered arrangements, you and your partner can iron out the changes with the help of your attorney and without engaging in costly litigation after your divorce has been finalized. Choosing to pursue a collaborative approach to your California divorce can help both you and your partner achieve your goals in the most practical and peaceable way possible. This can help your minor children deal with your separation and their new living arrangements more easily and can help you set the stage for cooperating on their behalf in the future. If interested in seeking collaborative divorce services in Fresno, California, contact Kezirian Law, P.C. today!

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Collaborative Divorce and Tips For Success

Finding an amicable way to manage your divorce proceedings can sometimes save you time and money during the divorce process. Working with your former partner to devise a mutually beneficial and equitable divorce arrangement can be the most practical and cost-effective solution for all parties. Children of the marriage can also benefit significantly from when there is a friendly relationship between their parents. Here are some essential elements of a successful collaborative divorce arrangement. Patience Being patient and willing to take the time to reach resolutions can help improve the relationship between you and your former partner because everyone works together to come to decisions. By investing your time and making a genuine effort to see things from your spouse’s perspective, you can come to fair agreements on financial matters and other issues related to the dissolution of your marriage. Hard Work Finding the best solutions for your divorce can be physically and emotionally draining. Working with a law firm that specializes in collaborative arrangements like the Law Office of Julia Ann Brungess can help you manage the process more efficiently and can ensure that both you and your partner are fairly represented during divorce proceedings. Honesty Being open and straightforward about your assets, debts and financial situation is necessary during collaborative divorce proceedings. Some attorneys will refuse to represent clients if they determine that they have not been entirely honest about their situations during discussions related to collaborative arrangements. By providing accurate information, you can be sure that the decisions made during your discussions will allow both you and your former partner to move on successfully. A Willingness to Cooperate Hurt feelings and anger can be significant barriers when trying to reach collaborative agreements regarding your divorce. If you cannot put aside these feelings to work together on the issues that must be resolved, you may not be a good candidate for a collaborative form of divorce. In most cases, however, it is possible to set aside your feelings and work together to create the most beneficial arrangement for you and your former spouse. A Collaborative Approach to Problem-Solving One of the most important elements in the collaborative process is the problem-solving stage. By working together to identify issues that could stand in the way of your future financial and emotional stability, you and your partner can often achieve a better perspective on these situations. This cooperative approach can also increase your chances of finding mutually beneficial resolutions for the problems that you face as a result of your upcoming divorce. By taking on these issues together, you can promote the most positive solutions for yourself and your former spouse throughout the collaborative process. Working with a law firm that specializes in divorce arrangements, like Kezirian Law, P.C., can be a positive first step towards an amicable and cooperative arrangement between you and your spouse. If you have children, having a cordial relationship with your former spouse can help relieve some of the stress and disruption that the divorce process may have on them. When parents get along, younger family members feel more secure and at ease throughout the divorce process and into the future.

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How to Remain Cooperative when Co-Parenting

Establishing and maintaining a collaborative approach to parenting is essential for divorced parents who share custody. Co-parenting can be a challenge, however. Finding ways to set boundaries and share responsibilities can provide a solid framework for raising your children together. Creating a workable co-parenting plan is a good first step toward achieving the healthiest environment for kids and adults alike. Here are some proven co-parenting tips for you and your former partner. Show Solidarity Making a point to discuss matters of importance together when talking with your children can prevent them from attempting to play the two of you against each other. This is especially important when setting ground rules for your children and instituting punishments for misbehavior. By making sure that both of you are on the same page regarding discipline and rules, you can provide a stable and secure environment for the children in your care.     Maintain Clear Lines of Communication Staying in close touch with your co-parenting partner can help you in a number of important ways. Open lines of communication can keep you in the loop about medical issues, educational progress and other events that affect the well-being of your children. By making sure that you and your former spouse or partner can talk easily to each other, you can provide better support for the children you two share.     Stay Positive About Your Former Partner No matter what issues contributed to the breakup of your relationship, making sure your children feel comfortable in talking with and confiding in both parents can help them adjust more quickly and easily to new living arrangements. By refraining from making negative comments and presenting a united front to the children for whom you are responsible, you can present a good example while helping them to feel more secure.     Stick to the Co-Parenting Plan If you have already decided on the educational, medical and religious experiences you want for your children, making changes to these established arrangements should not take place on a unilateral basis. Taking the time to discuss any changes with your former spouse and co-parent can help you build trust and create a positive environment for your children.   Allow for Some Flexibility Making accommodations for changing schedules and responsibilities can help you and your former partner work together more effectively over the long run. Unexpected opportunities and obstacles can occur at any time. Allowing for changes to the schedule and going out of your way to help your co-parent manage issues as they arise can often create a more amicable atmosphere that can result in them returning the favor when your needs require it. By treating your co-parent in the way you would like to be treated yourself, you can build a positive relationship based on mutual respect. While your romance may be over, you can still share the joy of parenthood with your former spouse. Together, you can continue to build a solid foundation for the children you created together.

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How the Collaborative Divorce Process Works

A collaborative divorce can offer real advantages for you and your former spouse, especially if you are still on relatively friendly terms. Understanding the necessary steps in a collaborative divorce can help you prepare for this process more efficiently. Here are some of the key steps involved in the collaborative divorce process. Hiring an Attorney Choosing an attorney who specializes in collaborative divorce in California is vital to the success of these arrangements. Your spouse will also need to hire his or her own attorney. This helps ensure that both parties are represented and heard from throughout the process. Retaining separate attorneys also allows you to share personal and confidential information with your own lawyer while maintaining privacy in the legal setting. Discussing Your Wishes and Expectations After you have selected an attorney, you will need to sit down for a meeting to discuss your needs and the goals you would like to achieve from the divorce process. If you are seeking custody rights, child support or spousal support, your lawyer will need to know your absolute must-haves and what may be negotiable. This can help you, and your attorney better prepare for future discussions involving your former spouse and his or her attorney. By outlining your hopes and expectations during a consultation with your lawyer, you can create an initial framework that will help you during the later phases of the collaborative process. Scheduling a Joint Meeting After you and your former spouse have had a chance to meet individually with your lawyers, it is time to set up a joint meeting to begin the collaboration process. If you are fortunate, you and your former partner may already have reached some points of agreement. In other cases, you each go through an information gathering process to then be better prepared to look at settlement options. Not to worry, though, your attorney will help you navigate through these legal issues while providing added support for the collaborative process. Signing an Agreement After the initial meeting with your spouse and your attorney, you will be asked to sign an agreement to resolve issues through collaboration and mediation rather than in the courtroom setting. By agreeing to negotiate together to find mutually acceptable solutions, you can demonstrate your commitment to this process and to reaching the best decisions affecting your family. This can help both of you feel more confident during and after your divorce has been finalized. Part of this arrangement also includes a requirement that all parties and attorneys sign a “no court” agreement, which states that if the case proceeds to litigation, all attorneys will withdraw from the case. Negotiating a Resolution The negotiation process is usually the most intensive and important part of the collaborative divorce process. During this stage, you may be asked to discuss disputed issues with a licensed mediator to find common ground with your former partner and to identify the best possible solutions for child custody, the division of debts and assets, and any child or spousal support you may be requesting. Depending on the situation, you may also require the services of accounting professionals or child welfare experts to provide you and your spouse with the guidance needed to reach the most positive outcomes. Filing the Paperwork When a collaborative divorce agreement is successful, and all the details of your divorce have been decided, your attorney will file the final papers with the court for their approval. If changes must be made to a collaborative divorce agreement, you can usually arrange for these adjustments through your attorney without having to go to court or involving a judge. This added degree of flexibility can help you and your former spouse deal with issues quickly and with greater convenience. If you live in the Fresno, California area and are looking to hire a collaborative divorce attorney, contact Kezirian Law, P.C. today!

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